Page:Ruffhead - The Statutes at Large, 1763.djvu/163

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A.D. 1285.
Anno decimo tertio Edwardi I.
Stat. 3.
117

him or his Assignee, that he may maintain a Writ of Novel disseisin, if he be put out, and Redisseisin also, as of Freehold, to hold to him and his Assigns until the Debt be paid; (20) and as soon as the Debt is levied, the Body of the Debtor shall be delivered with his Lands. (21) And in such Writs as the Chancellor doth award, Mention shall be made, that the Sheriff shall certify the Justices of the one Bench or of the other, how he hath performed the King's Commandment, at a certain Day, at which Day the Merchant shall sue. before the Justices, if agreement be not made; (22) and if the Sheriffs do not return the Writ, or do return that the Writ came too late, or that he hath directed it to the Bailiffs of some Franchise, the Justices shall do as it is contained in the latter [1]Statute of Westminster. (23) And if in case the Sheriff return, that the Debtor cannot be found, or that he is a Clerk, the Merchant shall have Writs to all the Sheriffs where he shall have Land, and that they shall deliver unto him, all the Goods and Lands of the Debtor by a reasonable Extent, to hold unto him and his Assigns in the Form aforesaid; and at the last he shall have a Writ to what Sheriff he will, to take his Body (if he be Lay) and to retain it in Manner aforesaid. (24) And let the Keeper of the Prison take Heed, that he must answer for the Body, or for the Debt. (25) And after the Debtor's Lands be delivered to the Merchant, the Debtor may lawfully sell his Land, so that the Merchant have no Damage of the Approvements; [2](26) and the Merchants shall always be allowed for their Damages, and all Costs, Labours, Suits, Delays, and Expences reasonable. How the Debtor's Sureties shall be used.(27) And if the Debtor find Sureties which do acknowledge themselves to be principal Debtors, after the Day passed the Sureties shall be ordered in all Things as is said of the principal Debtor, as to the Arrest of Body, Delivery of Lands, and other Things. What Lands shall be extended.(28) And when the Lands, of the Debtors be delivered unto the Merchant, he shall have Seisin of all the Lands that were in the Hand of the Debtor, the Day of the Recognisance made, in whole Hands soever that they come after, either by Feoffment, or otherwise. (29) And after the Debt paid, the Debtor's Lands, and the Issues of Lands of Debtors by Feoffment shall return again, as well to the Feoffee, as the other Lands unto the Debtors. The Heir's Lands, but not his body, shall be extended.(30) And if the Debtor or his Sureties die, the Merchant shall have no Authority to take the Body of his Heir, but he shall have his Lands, as before is said, if he be of Age, or when he shall be of full Age, until he hath levied of the Lands the Amountance and Value of the Debt.[3] A Seal for Fairs.(31) And a Seal shall be provided, that shall serve for Fairs, and the same shall be sent unto every Fair under the King's Seal by a Clerk sworn, or by the Keeper of the Pair. (32) And of the Commonalty of the Merchants of the City of London, two Merchants shall be chosen,[4] that shall swear, and the Seal shall be opened before them, and the one Piece shall be delivered unto the foresaid Merchants, and the other shall remain with the Clerk; [5]and before them, or one of the Merchants (if both cannot attend) the Recognisances shall be taken, as before is said. The Statute shall be read to the Debtor.(33) And before that any Recognisance be inrolled, the Pain of the Statute shall be openly read before the Debtor, so that after he cannot say that any did put another Penalty than that whereto he bound himself. The King's Duty upon a Statute acknowledged.(34) And to maintain the Costs of the said Clerk, the King shall take of every Pound a Penny,

  1. ↑ 13 Ed. 1. stat. 1. c. 39.
  2. ↑ Fitz. Execut. 97.; 7 H. 4. f. 10.; Dyer 206.; Fitz. Assise, 402.
  3. ↑ Not in the Original.
  4. ↑ Q. And by the Commonality of Merchants, two shall be chosen who are Merchants of the City of London.
  5. ↑ Bro. Recog. 16, 17, 18, 21.
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